On July 02, 2009 a
Answer & Affirmative Defenses By Heritage Greens Community Assn Inc
was filed
involving a dispute between
Wells Fargo Bank, Na As Trustee For The Certificateholders Of Banc Of America Funding Corporation,,
and
Club Homes Iv At Heritage Greens,
Glisson, Melanie,
Heritage Green Community Assn Inc,
Heritage Greens Single Family Homeowners Association, Inc.,,
Melotti, Karen M,
Melotti, Peter A,
Mortgage Electronic Registration,
Unknown Tenant #2,
for Non-Homestead Foreclosure $50,001 - $249,999
in the District Court of Collier County.
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND
FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
BANC OF AMERICA FUNDING 2005-B TRUST
ON BEHALF OF THE CERTIFICATEHOLDERS,
Plaintiff,
Vs. Case No.: 09-5826-CAcy 3
PETER A. MELOTTI A/K/A PETER MELOTTI
eo B
Be
KAREN M. MELOTTI A/K/A KAREN MELOTTI, ET < z 8
Defendants. =
ANSWER
@ 9
$ = ‘
COMES NOW, HERITAGE GREENS COMMUNITY ASSOCIATION, INC.,
by and through its undersigned attorneys answering the Complaint, states:
Defendant admits paragraph 1 for jurisdictional purposes only.
COUNT I
Defendant is without knowledge of Paragraphs 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
14, 16, 17, and 18.
Defendant admits paragraph 15.
COUNT II
Defendant admits paragraph 19 for jurisdictional purposes only.
Defendant is without knowledge of Paragraphs20, 21, 22, 23, 24, 25, and 26.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
Heritage Greens Community Association, Inc., assessments run with the land and
any sale of the mortgaged property are subject to the assessments for periods of
January 1 of every year and July 1 of every year, and for all future maintenance
assessments pursuant to the Declaration of Covenants, Conditions and
Restrictions for Heritage Greens Community Association, Inc.AS AND FOR A SECOND AFFIRMATIVE DEFENSE
7. Defendants, Peter A. Melotti a/k/a Peter Melotti and Karen M. Melotti a/k/a
Karen Melotti, are obligated to pay the Defendant, Heritage Greens Community
Association, Inc., assessments for the period of January 1 to June 30 of every year
and July 1 to December 31 of every year. Their current balance due is in the sum
of $2407.73 with interest and late fees included, together with attomeys fees
pursuant to FS § 720.308 which assessments are not foreclosed and remain
obligations that attach to real property.
CERTIFICATE OF SERVICE
The undersigned certifies that a true copy of the foregoing has been furnished to
the following named individual(s) by regular U.S. Mail on July , 2009
Marisol Morales
Greenspoon Marder, P.A.
Trade Crentre South, Suite 700
100 West Cypress Creek Road
Fort Lauderdale, FL 33309
Naples, Florida 34109
(239) 593-1444
(239) 593-1169
Case Filing Date
July 02, 2009
Category
Non-Homestead Foreclosure $50,001 - $249,999
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION BANC OF AMERICA FUNDING 2005-B TRUST ON BEHALF OF THE CERTIFICATEHOLDERS, Plaintiff, Vs. Case No.: 09-5826-CAcy 3 PETER A. MELOTTI A/K/A PETER MELOTTI eo B Be KAREN M. MELOTTI A/K/A KAREN MELOTTI, ET < z 8 Defendants. = ANSWER @ 9 $ = ‘ COMES NOW, HERITAGE GREENS COMMUNITY ASSOCIATION, INC., by and through its undersigned attorneys answering the Complaint, states: Defendant admits paragraph 1 for jurisdictional purposes only. COUNT I Defendant is without knowledge of Paragraphs 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, and 18. Defendant admits paragraph 15. COUNT II Defendant admits paragraph 19 for jurisdictional purposes only. Defendant is without knowledge of Paragraphs20, 21, 22, 23, 24, 25, and 26. AS AND FOR A FIRST AFFIRMATIVE DEFENSE Heritage Greens Community Association, Inc., assessments run with the land and any sale of the mortgaged property are subject to the assessments for periods of January 1 of every year and July 1 of every year, and for all future maintenance assessments pursuant to the Declaration of Covenants, Conditions and Restrictions for Heritage Greens Community Association, Inc.AS AND FOR A SECOND AFFIRMATIVE DEFENSE 7. Defendants, Peter A. Melotti a/k/a Peter Melotti and Karen M. Melotti a/k/a Karen Melotti, are obligated to pay the Defendant, Heritage Greens Community Association, Inc., assessments for the period of January 1 to June 30 of every year and July 1 to December 31 of every year. Their current balance due is in the sum of $2407.73 with interest and late fees included, together with attomeys fees pursuant to FS § 720.308 which assessments are not foreclosed and remain obligations that attach to real property. CERTIFICATE OF SERVICE The undersigned certifies that a true copy of the foregoing has been furnished to the following named individual(s) by regular U.S. Mail on July , 2009 Marisol Morales Greenspoon Marder, P.A. Trade Crentre South, Suite 700 100 West Cypress Creek Road Fort Lauderdale, FL 33309 Naples, Florida 34109 (239) 593-1444 (239) 593-1169